San Clemente, CA asked in Personal Injury and Arbitration / Mediation Law for California

Q: What action should one take if they find the Mediation Agreement had only 1 signature line but 2 Plaintiffs.

What is it called and how big of a deal is it if your Mediation Settlement Agreement had only 1 signature line and you weren't notified you were negotiating for two.

3 Lawyer Answers
James L. Arrasmith
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A: If you find that your Mediation Settlement Agreement had only one signature line despite there being two plaintiffs, this could potentially be a significant issue. In California, each plaintiff generally needs to sign the agreement to make it binding for all parties. If one plaintiff did not sign, they might not be bound by the terms of the settlement, which could complicate enforcement or finality of the agreement.

It's important to review the agreement and the circumstances around the signing. Consider whether there was an intention that one plaintiff would represent both parties, and if so, whether this was clearly communicated and agreed upon. The absence of your knowledge about negotiating on behalf of two plaintiffs might affect the validity of the agreement, as informed consent and understanding are crucial in mediation settlements.

You should address this issue promptly by discussing it with the mediator or the opposing party to clarify the intentions and rectify any potential misunderstandings. If there are discrepancies, you may need to renegotiate or amend the agreement to ensure all parties are adequately represented and their interests protected. Legal advice can help you navigate this situation effectively, ensuring your rights are upheld.

A: As my colleague advises, look into whether one party has the right to sign for both. Otherwise, it's possible (not definite, but possible) that the absence of a second signature could invalidate the agreement. One option, if the issue remains unresolved, would be to review the agreement with an attorney (or your attorney if you are represented). Good luck

A: Addendum - In addition to "Arbitration/Mediation," your chosen category includes "Personal Injury." Just as a sidenote, interests of plaintiffs in personal injury cases tend to be separate and independent - liability could differ, injuries could differ, etc. Good luck

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